Cattanach v Butler [2023] NSWLEC 1805

Cattanach v Butler [2023] NSWLEC 1805

The respondent's trees caused a range of damage to the applicants' property, including sewer pipes, gutter, and paving, as demonstrated by the applicants' evidence and site inspection. The applicants made reasonable efforts to reach agreement with the respondent. Given the age and condition of the pipes and paving, costs for repair and reinstatement are apportioned, with 70% to be paid by the respondent, in line with analogous prior cases. Compensation for prior plumbing is limited to the period after notification to the respondent. Orders are made accordingly for compensation and specific repairs.

Parties
First Applicant: Helen Cattanach; Second Applicant: Scott Cattanach; Respondent: Sandria Claire Butler
Jurisdiction
Australia
Judgment Date
07 September 2023
Procedural Posture
Trees (disputes Between Neighbours) Application / Principal Judgment After Final Hearing
Outcome
Orders made for compensation and repairs apportioned between parties; application for claim of legal and expert costs not entertained by Commissioner.
Legal Topics
Tree Disputes, Neighbour Disputes, Compensation for Property Damage, Apportionment of Liability
Property Law Tort Law Environmental Law Tree Disputes Neighbour Disputes Compensation for Property Damage Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Helen Cattanach

First Applicant

Scott Cattanach

Second Applicant

Sandria Claire Butler

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Application / Principal Judgment After Final Hearing

Legal Issues

  1. 1 Whether the respondent's trees caused damage to the applicants' property under the Trees (Disputes Between Neighbours) Act 2006 s 10(2)(a)
  2. 2 Whether the applicant made a reasonable effort to reach agreement with the respondent as required by s 10(1)(a)
  3. 3 Extent of compensation payable and apportionment of liability for repairs

Ratio Decidendi

The respondent's trees caused a range of damage to the applicants' property, including sewer pipes, gutter, and paving, as demonstrated by the applicants' evidence and site inspection. The applicants made reasonable efforts to reach agreement with the respondent. Given the age and condition of the pipes and paving, costs for repair and reinstatement are apportioned, with 70% to be paid by the respondent, in line with analogous prior cases. Compensation for prior plumbing is limited to the period after notification to the respondent. Orders are made accordingly for compensation and specific repairs.

Court Disposition

Orders made for compensation and repairs apportioned between parties; application for claim of legal and expert costs not entertained by Commissioner.

Orders

  • Within 45 days, respondent may supply one quote for plumbing works and one for paving reinstatement, both by appropriately insured contractors, based on the same specifications as the applicants' supplied quotes.
  • Within 90 days, applicants to have their sewer pipes replaced and paving reinstated, as per applicants' specifications and estimate.